Marvin Gaye’s children are suing Robin Thicke and his collaborators Pharrell Williams and T.I., for the hit song “Blurred Lines,” accusing them of copyright infringement and as well as music company EMI for failing to identify Marvin Gaye copyrights.
According to the counterclaims, EMI has breached a contract and failed to protect Gaye’s songs, attempting to intimidate the family against filing any legal action, failing to remain neutral when faced with a conflict of interest and attempting to turn public opinion against the family.
“Not only did EMI fail to bring this action, which is necessary to carry out EMI’s duties to protect the Gaye Family’s copyrights,” says the countersuit, “EMI attempted to dissuade the Gaye Family from pursuing this action by repeated threats and tactics to intimidate the Gaye Family and its representatives.”
The penalty for those acts should be that EMI loses all profits on “Blurred Lines” as well as rights to administer the song catalog of Marvin Gaye, says the Gaye family.
Nona and Frankie Gaye are asking for damages, including profits from the songs, which could easily top millions since “Blurred Lines” was number one for 12 weeks, according to TMZ.
The suit also accused Thicke of improperly using Gaye’s song “After the Dance” in his song “Love After War.”
The suit claims EMI, which is owned by Sony/ATV Music Publishing, “This conflict has resulted in EMI’s intentional decision to align themselves with the (‘Blurred Lines’) writers, without regard to the harm inflicted upon the rights and interests of the Gaye Family, and the legacy of Marvin Gaye.”.
Sony-ATV said in a statement, “While we have not yet seen the claims by the Gaye family against EMI, we have repeatedly advised the Gaye family’s attorney that the two songs in question have been evaluated by a leading musicologist who concluded that ‘Blurred Lines’ does not infringe ‘Got To Give It Up.'”
Robin Thicke and his collaborators filed a case in August asking a federal judge to rule that the singers did not copy “Got to Give It Up” for their hit song, “Blurred Lines.”
“Being reminiscent of a sound is not copyright infringement,” Thicke, Williams and T.I. asserted in their August suit. “The intent in producing Blurred Lines was to evoke an era. In reality, the Gaye defendants are claiming ownership of an entire genre.”
Pharrell said last month of the alleged copyright infringement, “If you read music, all you have to do is read the sheet music. It’s completely different.”
“Blurred Lines” has had the longest streak this year atop the Billboard Hot 100 chart and has sold more than 6 million tracks so far.
Robin Thicke Lawsuit Marvin Gaye
Marvin Gaye’s son is out for blood in his war with Robin Thicke, telling “TMZ Live” he resents Thicke’s lawsuit against the Gaye estate … and is strongly insinuating he plans to respond with legal action of his own.
Blurred Lines Robin Thicke Lawsuit
Robin Thicke, Pharrell Williams and T.I. are pre-emptively suing the family of Marvin Gaye to protect the song Blurred Lines (which some have argued sounds like Gaye’s Got to Give It Up).